Alekseenko A.P., Sonin V.V. —
Peculiarities of China’s legislation on public service
// Administrative and municipal law. – 2017. – ¹ 8.
– P. 40 - 52.
DOI: 10.7256/2454-0595.2017.8.23855
URL: https://en.e-notabene.ru/ammag/article_23855.html
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Abstract: The research subject is the set of provisions of Chinese and Russian legislation regulating relations in the sphere of public service. The authors study the peculiarities of China’s law “On public service” and the related subordinate acts. Special attention is given to the provisions of this law, which would be appropriate to use for the administrative reform in Russia. The authors analyze the provisions of the Chinese legislation concerning entering public service, training public servant and preventing corruption among officials. For the profound study of Chinese legislation, the authors use the comparative-legal and formal-legal research methods, analysis and synthesis. As empirical materials, the authors use reports of mass media. The scientific novelty of the study consists in the fact that it considers the modern China’s legislation on public service and pays attention to the detection of provisions, which could be used by the Russian legislator. Based on the conducted research, the authors formulate recommendations for the improvement of the Russian legislation on public service, particularly, in the sphere of training public officials and their entering on public service.
Alekseenko A.P. —
Problems of government services regulation (the case of the Siberian Federal District)
// Administrative and municipal law. – 2016. – ¹ 10.
– P. 836 - 841.
DOI: 10.7256/2454-0595.2016.10.20467
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Abstract: The research subject is the set of provisions on government services, contained in the statutory instruments of executive bodies of Krasnoyarski krai, Kemerovo region and the Republic of Khakassia. The author studies administrative regulations on government services and the official resources of public authorities, where these regulations can be found. The author considers the “government service” concept and describes the criteria of its distinguishing from the public function, based on the federal legislation and theoretical materials. The author applies the comparative-legal and formal-legal research methods, analysis, synthesis and the statistical method. On the base of the analysis of administrative regulations of government services and the acquired statistical data, the author formulates the basic problems and detects the typical drawbacks of government services regulation. The author offers the ways to avoid such drawbacks in the future.
Alekseenko A.P. —
Problems of Defining a Legal Nature of the Relations Emerging Between a Corporation and the Members of its Management Bodies
// Legal Studies. – 2016. – ¹ 6.
– P. 45 - 51.
DOI: 10.7256/2409-7136.2016.6.19300
URL: https://en.e-notabene.ru/lr/article_19300.html
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Abstract: The research subject is the set of norms of labor and company law, and the acts of commercial courts of the Russian Federation related to legal regulation of the order of formation and the activity of management bodies of a corporation. The author considers the legal nature of relations between a corporation and the members of its management bodies, analyzes the grounds of such relations, including the general meeting of shareholders and the labor contract. Special attention is paid to the existing duality of the position of the executive body which is on the one hand a subject of company law, and on the other – a subject of labor law. The author applies comparative-legal and formal-legal research methods, analysis and synthesis. Based on them the author studies the provisions of Russian legislation and judicial acts. The author reveals the contradictory character of the legal nature of relations between a corporation and its management bodies. According to the current legislation, the relations between the directorate members and a corporation can be regulated by labor legislation while not being labor relations. Besides, the relations between an executive person and a company are based on a labor contract, and this situation is contradictory.
Alekseenko A.P. —
Survey and extraction of space resources: law making experience of the USA
// Legal Studies. – 2016. – ¹ 5.
– P. 34 - 41.
DOI: 10.7256/2409-7136.2016.5.18968
URL: https://en.e-notabene.ru/lr/article_18968.html
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Abstract: The research subject is the set of provisions of international law and the U.S. national legislation in the field of legal regulation of commercial activities aimed at the survey and extraction of space resources by private entities. The author studies the legal regime of minerals, contained in planets and asteroids, and the legal possibility of their commercial use by citizens (legal entities). The author analyzes the U.S. Commercial Space Launch Competitiveness Act and compares it with the provisions of international law. To reveal the importance of provisions of the American legislation in the field of commercial space resources extraction, the author applies the comparative-legal and the technical research methods, analysis, and synthesis. The novelty of the study lies in the fact that the research of legal regulation of commercial survey and extraction of space resources in foreign states hasn’t been carried out in the Russian Federation so far. The author comes to the following conclusions: international law doesn’t prohibit the survey and extraction of space resources by private entities; persons, extracting minerals form planets (asteroids), have to follow the rules of the state of their citizenship; the Russian legislator should revise its attitude toward private space activity and initiate the development of the concept of the respective law.